Strict enforcement of 12,500 weight limit at van Nuys airport on unscheduled air taxi on-call for hire operations

Community Update by Gerald A. Silver

President Homeowners of Encino/Stop the Noise Coalition!

PO Box 260205, Encino, CA 91426

Homeowners of Encino has called for the immediate and strict enforcement of the Van Nuys Operating Policy stated in Commission Resolution No. 13369, dated October 2, 1982. This operating policy, originally established in April 1969 and later reaffirmed on several occasions states

: "...Van Nuys Airport should continue to be dedicated to general aviation users, and not to enlarge upon, expand or further the rights of commercial aviation users, be they scheduled or unscheduled; and WHEREAS, unscheduled air taxi operations are defined as random, infrequent, on-call for hire operations, having no predetermined or set schedule, which utilize aircraft not exceeding 12,500 pounds maximum gross landing weight... WHEREAS, the addition of more commercial air carrier activity and the infusion of large commercial aircraft operations, be they scheduled or unscheduled, is not compatible with the Department's goal of providing a general aviation airport in the Southern California area..

NOW, THEREFORE, BE IT RESOLVED that the Board of Airport Commissioners reaffirmed its policy restricting Van Nuys Airport to general aviation and unscheduled air taxi operations, and specifically prohibited the operation of other scheduled and unscheduled air carrier commercial flights to and from Van Nuys Airport except with the express consent of the Board." This clearly stated policy is being repeatedly violated. A substantial number of unscheduled air taxi operations are conducted in planes out of Van Nuys Airport which far exceed the 12,500 pound gross landing weight stated in the Commission resolution

These include: [see FAA Advisory Circular 36-3G]

These operations have greatly exacerbated the noise problem at VNY. Homeowners of Encino called upon Mayor Riordan, City Attorney Jim Hahn, Executive Director Jack Driscoll, Commission President Dan Garcia and Council members to begin immediate enforcement of the long established policy. It is inexcusable that the present airport management and Mayor Riordan's administration allows the flagrant violation of established Commission policy. If the Board of Airport Commissioners has granted express consent to allow air taxi operations over 12,500 to operate, then the Commission is engaging in double speak and has made a mockery of its stated policy

This policy was imposed, prior to the adoption of the Airport Noise and Capacity Act (ANCA), in October 1, 1990. While it may impact both Stage 2 and Stage 3 aircraft, the strict enforcement of the policy clearly remains permissible under ANCA

An effort was made by the Commission to "Reaffirm and Clarify" its policy on April 25, 1984. This so-called reaffirmation and clarification was at the request of airport tenants. [see letter to Councilman Ernani Bernardi, dated June 22, 1984, signed by Otis W. Dunham, Jr., Deputy General Manager]. It is clear that this was in fact an effort to increase the limit to 75,000 pounds gross landing weight. There was a great outcry and strong opposition from the public, numerous City Council members and homeowner associations to this action

The matter was taken off the Commission agenda and "the only thing left to do was for the Board to apologize to those in attendance and instruct management to make sure the proposed policy be subjected to full disclose through the environmental assessment process with input from the community prior to consideration. [see letter to Homeowners of Encino, dated July 25, 1984, signed by Mayor Tom Bradley]

On August 3, 1984, Clifton A. Moore, General Manager, wrote to Councilman Ernani Bernardi, stating, "Before the Commission takes any action to alter the policy, the Environmental Impact Report process must be carried out, including hearings for public comment." On February 26, 1985, Councilman John Ferraro wrote to Councilwoman Joan Milke Flores, stating, "In addition, a long standing airport policy limiting aircraft weight to 12,500 lbs. has been violated, with the knowledge of airport personnel." To our knowledge, the Commission has never changed its policy, nor has there been any action to alter it since. The 12,500 pound weight limit remains on the books as the official policy

It is vitally important that Commission policy be vigorously enforced, if the public is to have any trust or confidence in the airport management or the city administration. This is especially critical, since the same Commission resolution precludes scheduled commercial air carrier operations from Van Nuys Airport.

If the airport management and city administration is willing to turn its back on air taxi weight limits, then what protections does the public have to keep Van Nuys Airport from becoming another major scheduled commercial airport such as LAX? In rigorously enforcing Resolution No. 13369, the airport management will undoubtedly be threatened with law suits by tenants who seek to ignore the policy with impunity. They will claim that lease agreements have been violated. Matters such as these must be resolved fairly, but in no way should inhibit the enforcement of the Commission policy. Most assuredly there will be lawsuits if the weight limit policy is not enforced. The noise problem at Van Nuys Airport has become intolerable, and the public demands action.

Homeowners of Encino has asked for a timetable which clearly states when and how the strict enforcement of the policy will be implemented

Van Nuys Airport page
Revised 02/13/97